Warning the petitioner against giving a communal spin in the petition challenging the recent ban on the practice of animal sacrifice within the protected area of Vishalgad Fort in Kolhapur, the Bombay High Court has asked the Maharashtra government to file its reply affidavit.
A division bench of Justices Gautam Patel and Neela Gokhale was hearing a petition filed by Hajrat Peer Malik Rehan Mira Saheb Dargah challenging the order issued by the Deputy Director of Archaeology and Museums, Mumbai on February 1, prohibiting illegal animal slaughter in the name of sacrifice to Gods. The order cited a 1998 high court order that prohibited animal sacrifice in the names of Gods or Goddesses at public places.
'Influenced by right-wing Hindu fundamentalists'
It alleged that the authorities in Kolhapur had swung into action “only under the influence exerted by right-wing Hindu fundamentalists.” It claimed that it was “age-old tradition” and there never had been any law and order problem. The petition alleged that the ban was passed to “please the majority community for political gains by the party in power".
“It might be an age-old tradition. The petitioner has also tried to put a communal spin to the issue. Let us be very clear that we will dismiss the petition on this ground itself saying it is motivated,” remarked Justice Patel.
The court emphasized that it would not permit “unregulated slaughter of animals anywhere” as there is a need to maintain hygiene. “Let us make it clear, we are not going to permit any unregulated or unmonitored slaughter of animals anywhere. There needs to be some level of civic hygiene and sanitation maintained,” added Justice Patel. It further added that there was a need to preserve the area surrounding the fort.
According to the petition, the dargah within the fort precinct was one of the most ancient and historical monuments in Maharashtra. It was constructed in the 11th century and visited by both Hindus and Muslims. The plea claimed that animal sacrifice at the dargah was an integral custom. Also, the actual sacrifice is not carried out in a public place but at a privately-owned land and is performed behind closed doors.
These offerings are then served to pilgrims and others at the dargah and have been a source of food to many poor and backward people residing in the surrounding villages of Vishalgad fort.
Petitioner soughts Stay Order
Terming the ban as arbitrary, discriminatory, unjust, high handed, oppressive, and violative of their fundamental rights, the petitioner has sought a stay on the same.
Petitioner’s advocate Satish Talekar sought an interim stay on the collector’s order which was refused by the bench saying: ““There is no question of interim relief in matters like this. It is an irreversible process. We are not going to permit unregulated and unmonitored slaughter anywhere for any purpose. There is an invocation of the need to maintain correct hygiene and cleanliness.”
The HC has kept the PIL for hearing on July 5.
